How to Choose a Workplace Investigator (And How to Spot a Bad One)

Choosing a workplace investigator is one of those decisions that feels straightforward until you actually have to make it. You’ve got a complaint on your desk, HR is nervous, and someone has told you to “get an external investigator.” Great. But how do you actually choose one? And more importantly, how do you tell the difference between someone who’ll do a thorough, defensible job and someone who’ll hand you a report that falls apart the moment it’s challenged?

I’ve been conducting workplace investigations for over 15 years. I’ve also been called in to clean up investigations that were botched by the wrong person. Here’s what I wish every employer knew before choosing a workplace investigator.

Why Choosing the Right Investigator Matters

A workplace investigation isn’t a box-ticking exercise. The findings can lead to terminations, disciplinary action, compensation claims, and regulatory scrutiny. If the investigation is poorly conducted, biased, or procedurally unfair, those findings can be challenged, overturned, or used against you in the Fair Work Commission, anti-discrimination tribunals, or even court.

The investigator you choose sets the tone for the entire process. A good one will manage the matter efficiently, treat everyone with fairness and respect, and give you findings you can rely on. A bad one will create more problems than they solve.

What to Look for When Choosing a Workplace Investigator

1. Actual Workplace Investigation Experience

This sounds obvious, but you’d be surprised. Not every lawyer is a workplace investigator. Not every HR consultant is a workplace investigator. Not every mediator is a workplace investigator. These are different skill sets.

A workplace investigation requires a specific combination of skills: the ability to interview people who are stressed, angry, or frightened; the analytical rigour to assess conflicting evidence; and the legal knowledge to ensure procedural fairness is maintained throughout. Ask your potential investigator how many workplace investigations they’ve actually conducted. Not “been involved in” or “advised on” – actually conducted. There’s a big difference.

2. A Solid Understanding of Procedural Fairness

Procedural fairness isn’t a nice-to-have. It’s the backbone of a defensible investigation. Your investigator needs to understand that every respondent has the right to know the allegations against them and to respond before findings are made. They need to know how to put allegations clearly and specifically without leading the witness or compromising the process.

If a potential investigator can’t explain their procedural fairness process clearly and confidently, that’s a red flag. This is foundational stuff.

3. Genuine Independence and Impartiality

The investigator needs to be independent of the parties and the outcome. This means they shouldn’t have a pre-existing relationship with the complainant, the respondent, or the decision-makers in the organisation. They shouldn’t have a vested interest in the findings going one way or the other.

This is one of the biggest reasons to consider an external investigator over an internal one, particularly when the complaint involves senior staff or when there’s any perception of bias within the organisation. It doesn’t matter how fair and thorough your internal HR team is – if the complainant doesn’t believe the process is independent, the investigation will lack credibility from day one.

4. Clear Communication Skills

A good investigator doesn’t disappear into a black hole for six weeks and then emerge with a 50-page report. They communicate with the commissioning party throughout the process. They provide realistic timelines, flag delays early, and keep you informed about progress without compromising the integrity of the investigation.

Their report writing matters too. Investigation reports need to be clear, logical, and evidence-based. If your investigator can’t write a coherent sentence, their findings are going to be difficult to rely on. Ask to see a de-identified sample report before you engage them.

5. Awareness of Psychosocial Risks

This is increasingly important. Under current WHS laws, employers have a positive duty to manage psychosocial hazards, and the investigation process itself can create or worsen those hazards if it’s not handled properly. A good investigator understands this. They’ll conduct interviews with sensitivity, manage the emotional temperature of the process, and flag any welfare concerns to you along the way.

If your investigator treats witnesses like they’re cross-examining them in a courtroom, that’s a problem. Investigations should be thorough and rigorous, but they should also be humane.

Red Flags: Signs You’ve Got the Wrong Investigator

Over the years, I’ve seen plenty of investigations go sideways because the wrong person was appointed. Here are the warning signs:

They can’t give you a rough timeline or fee estimate. An experienced investigator should be able to scope the matter after an initial briefing and give you a realistic estimate of time and cost. If they’re vague about both, they either haven’t done this enough or they’re not organised enough to manage the process well.

They promise a specific outcome. If an investigator hints that they’ll find what you want them to find, walk away. An investigation is a fact-finding process, not an outcome-delivery service. The findings need to follow the evidence, wherever that leads.

They don’t ask about procedural fairness. If you brief an investigator and they don’t raise procedural fairness requirements early in the conversation, that tells you something about how they approach investigations.

They’re too close to the organisation. If the investigator is your regular employment lawyer, your ongoing HR consultant, or someone who has a financial relationship with the organisation beyond this specific investigation, their independence may be questioned. That doesn’t mean they’re biased – but it means the perception of bias is there, and perception matters.

Their reports are templates, not analysis. A good investigation report is a detailed, evidence-based document that walks through each allegation, weighs the evidence, and explains the reasoning behind each finding. If you’re getting cookie-cutter reports with generic language, you’re not getting the quality of analysis you need.

Questions to Ask Before You Engage an Investigator

Before you sign an engagement letter, ask these questions:

How many workplace investigations have you conducted? What types of matters do you typically handle? What’s your approach to procedural fairness? Can you provide a rough timeline and fee estimate based on this brief? Do you have any conflicts of interest with the parties or the organisation? Can I see a de-identified sample report? What qualifications or training do you have in workplace investigations? How do you handle welfare concerns that arise during the investigation?

A good investigator will welcome these questions. They’ll have clear, confident answers. If someone gets defensive or vague when you ask about their experience and approach, that tells you everything you need to know.

Related reading: Who Should Conduct a Workplace Investigation?

Should You Go Internal or External?

This is often the first decision employers face, and it’s worth getting right. Internal investigators (usually HR) can work well for lower-level, straightforward complaints where there’s no perception of bias and the HR team has the training and capacity to conduct the investigation properly.

But for anything involving senior staff, systemic issues, complex or multiple allegations, potential legal exposure, or situations where trust in the organisation is already low – go external. The added cost of an external investigator is a fraction of the cost of defending a flawed investigation at the Fair Work Commission or dealing with a workers’ compensation claim triggered by a mishandled process.

And here’s the thing nobody says out loud: internal investigators often have an impossible job. They’re being asked to investigate their own colleagues, sometimes their own managers, while still having to work with those people once the investigation is done. That’s not a fair position to put anyone in, and it’s not a position that produces the most reliable findings.

The Bottom Line

Choosing a workplace investigator isn’t like choosing a plumber. You can’t just Google it and go with the first result (ironic, given that you probably Googled your way to this article). The person you appoint will have a direct impact on the lives and careers of the people involved, on your organisation’s legal exposure, and on your workplace culture.

Take the time to choose well. Ask the hard questions. Look for experience, independence, and rigour. And if something doesn’t feel right during the briefing conversation, trust that instinct – because if they can’t inspire confidence in you, they’re not going to inspire confidence in the people being investigated.

Looking for an experienced, independent workplace investigator? Segal Conflict Solutions conducts external workplace investigations across Australia. Get in touch for a confidential, obligation-free discussion about your matter.

February 16, 2026/by Saranne Segal